173. In reply,
the representative
stated
that the principle
of consaieotious
objection
was accepted
and that the length of alternative
service
was twice
the length of military
service.
The matter was currently
under judicial
review.
The’regietration
of churches,
faiths
and religious
communities
was an
automatic
procedure
and all of them enjoyed equal protection
of the law.
However,
protection
was a160 given against
pseudo-religious
organisations
that
caused harm to children.
174. In regard to that issue , members of the Committee wished to know how the
right
to seek information
envisaged
in article
19 (2) of the Covenant was
guaranteed7
whether
there was any legislation
to regulate
professional
secrecy
as provided
for under article
20 (1) (d) of the Constitution;
whether
any
legislative
measures were being Considered
to give effect
to article
20 of the
Covenants whether
sentences
passed in relation
to the exercise
of freedom
of
expression were perceived as a restriction
on such freedomi whether the
standards of libel applied were more flexible
when the reputation
of people in
public life was involved;
whether legislation
existed allowing privaLe
individuals
to obtain information
from the authorities;
what procedures
governed the granting of television
concessions to the private
sector; and
whether measures had been taken to en6ure the political
neutrality
of the
channels.
175. Replying to questions raised concerning article
20 of the Spanish
Constitution,
the representative
said that the right to freedom of the press
government and Parliament were
could be invoked directly
before the courts.
of the opinion that no legislation
was the best legislation
where information
was concerned: this explains why to date there was no legislation
on the press
or the media. Freedom of the press was limited only by the provisions
of the
Penal Code and a law on the protection
of honour.
The Constitutional
Court
had ruled that freedom of expression and the right to information
overrode the
right to honour.
‘Lhere was general agreement
among politicians
that the law
should be amended to make serious slanders on political
personalities
no
longer liable to prison sentences but only to fines.
The Spanish
Administration
was required to make available
to the public any information
in
its possession, limited only by the Official
Secrets Act.
No press organ was
in state ownership and the number of concessions had been limited to prevent
groups or individuals
gaining control of those media. Autonomous
regions each
Impartiality
was
had the right to set up their own television
channel.
guaranteed
by the channels’ boar&
of directors,
which were maae up of
representatives
of the various political
parties,
Violation
of the channels'
political
neutrality
during election
campaigns constituted
an electoral
offence,
Administrative
penalties were the responsibility
of the Mnister
of
Transport, Tourism, and Communications and could be appealed before the courts.
of assemblv
* .
176. With regard to that issue , members
of the Committee
wished to receive
information
concerning the sentencing of OuarBia_.Civil member6
to
comparatively
heavy terms
of imprisonment for having tried to form a trade
more
WliOtl.
-43-
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